SECTION 13 – WARRANTY DISCLAIMERS
We administer, control, and operate the Websites from our offices in Turkey and Türkiye. The Websites are accessible worldwide; however, some features or functions may not be available or appropriate for use outside of Türkiye and/or may not be available to all persons or in all geographic locations. We make no representation that the Websites or Website Content are appropriate or authorized for use in all countries, states, provinces, counties, or other jurisdictions. Your access and use of the Websites may not be legal in your jurisdiction. If you choose to access, browse, or use the Websites, you do so on your own initiative and risk and are responsible for compliance with all applicable laws. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Websites to any person or geographic area. Any offer for any feature or function made on the Websites is void where prohibited.
The Websites provide information of a general nature only, and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Websites.
Some Website Content is provided by users. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content. We do not independently verify any representations or warranties made by users with respect to such content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance, or fitness for a particular purpose of the Websites or any Website Content. We are not liable for any errors, omissions, or inaccurate Website Content.
THE WEBSITES, WEBSITE CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF WEBSITE CONTENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE WEBSITES, WEBSITE CONTENT, OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, CYBER ATTACKS, HACKING, MALWARE OR OTHER SECURITY INTRUSIONS, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITES OR YOUR DOWNLOADING OF ANY WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET
SECTION 14 – COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and we ask that users of the Websites do the same. If you believe that anything on any of our Websites infringes upon any copyright which you own or control, you may notify us at: info@ayrahome.co.
Your notification should include: (i) your physical or electronic signature; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iv) your contact information (address, telephone number, and email address); (v) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Please do not make false claims.
SECTION 15 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We reserve the right to modify, suspend, or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, any portion of the Website and/or your account, password, or use of any Service, without liability. In the event of termination, you will still be bound by your obligations under these Terms, including the warranties you have made and by the disclaimers and limitations of liability.
SECTION 16 – PROHIBITED CONDUCT
You warrant and agree that, while accessing or using our Websites, you will not: misrepresent your age; use an inappropriate username or screen name; impersonate any person or entity or misrepresent your affiliation with any person or entity, including anyone from the Websites or the AYRA HOME CO. Parties; use the Websites to promote the use of controlled substances; insert your own or a third party’s advertising, branding, or other promotional content (including spam, chain letters, surveys, or pyramid schemes) into any Website Content; solicit passwords or personal information for commercial or unlawful purposes; obtain or attempt to gain unauthorized access to other computer systems, materials, information, or Services available on or through the Websites; use automatic means of accessing, logging in, or registering on the Websites; use the Websites in any manner that could interrupt, damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment; use the Websites in violation of our intellectual property or other rights or those of any third party; use the Websites in violation of any applicable law; attempt to circumvent, reverse-engineer, decrypt, or otherwise interfere with the Websites or their Services; or post any content that we determine in our sole discretion to be unlawful, harmful, abusive, defamatory, obscene, hateful, or otherwise objectionable, or harmful to children or our reputation. You also agree not to encourage or enable any other individual to do any of the foregoing.
SECTION 17 – PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 18 – PRODUCT DISCLAIMER; LIMITATION OF LIABILITY
THE LAWFUL AND PROPER USE OF ANY PRODUCT OR ACCESSORY IS A CONDITION OF SALE. BY PURCHASING ANY PRODUCT OFFERED BY AYRA HOME CO., YOU ARE REPRESENTING THAT YOU AGREE TO FOLLOW THE INSTRUCTIONS CONTAINED IN THESE TERMS AND IN ANY ACCOMPANYING PRODUCT LITERATURE. IMPROPER USE OF A PRODUCT MAY VOID ANY APPLICABLE WARRANTY. ANY ILLEGAL USE OR RESALE OF ANY PRODUCT COULD SUBJECT YOU TO FINES, PENALTIES, AND/OR IMPRISONMENT UNDER APPLICABLE LAW.
THE INFORMATION CONTAINED IN ANY PRODUCT DISCLAIMER, CAUTIONARY INSTRUCTIONS, DOCUMENTATION, OR LITERATURE INCLUDED WITH ANY PRODUCT SOLD ON THE AYRA HOME CO. WEBSITES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL OR PROFESSIONAL ADVICE. NEITHER THE MANUFACTURER NOR THE SELLER, NOR THEIR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS, ARE RESPONSIBLE FOR THE MISUSE OF ANY PRODUCT. YOU ARE SOLELY RESPONSIBLE FOR THE CORRECT USE OF SUCH PRODUCTS AND THE CONSEQUENCES OF SUCH USE. IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTHCARE PROVIDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY, WILL THE AYRA HOME CO. PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AYRA HOME CO. PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, OR EMPLOYEES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITES OR FOR ANY OF YOUR ACTIVITIES ON THE WEBSITES DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (AED 300), WHICH EVER IS GREATER.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AYRA HOME CO. and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including court costs, legal fees, accounting fees, and amounts paid in settlement, made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party. You will cooperate as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 20 – SEVERABILITY
If any provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any provision of these Terms & Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).
SECTION 22 – ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and do not define or limit the scope of any section.
Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
